What happens if I have been charged with fraud or a dishonesty offence in Qld?

Once charges are laid, the focus moves quickly to evidence, disclosure, and how the prosecution has framed the allegation. Property and fraud charges can range from lower-level offences to serious matters carrying significant penalties and reputational consequences.

Early defence work is not about explaining events to police. It is about analysing what the prosecution must prove and examining the evidence to determine if the charges can be proven beyond a reasonable doubt.

What does the prosecution have to prove in property and fraud cases?

Property and fraud offences are not proven simply because money is missing or property changed hands.

Across these offences, the prosecution usually must prove some combination of:

• Control or dealing with property

• Lack of consent or lawful authority

• Knowledge or intention, not accident or mistake

• In dishonesty-based offences, conduct that would be regarded as dishonest by ordinary community standards, assessed by reference to what the accused knew or believed at the time

How are property and fraud charges defended?

Effective defence in property and fraud matters requires a strategic approach to the evidence.

This typically involves:

• Analysing financial, workplace, and documentary material in context

• Testing whether alleged “patterns” of conduct support the charge or whether there is a reasonable inference consistent with innocence

• Challenging assumptions about intention, knowledge, or authority

Our criminal law firm has extensive experience in examining evidence in complex large-scale fraud cases, negotiating such charges, and strategic preparation whether for sentencing to reduce the penalty or trial to contest such charges before a jury.

Possession, access, and control do not automatically mean guilt

In charges involving possession of stolen property or receiving, police often rely on control or proximity. A specialist criminal defence lawyer will also examine:

• Who else had access to the property

• Whether possession was exclusive or shared

• Whether knowledge of the property’s status can be proven

• Whether possession was brief, incidental, or explained

Employee theft and workplace allegations

Employee theft matters commonly arise from audits or internal investigations. Issues can include:

• Shared access to cash, stock, or systems

• Inadequate internal controls

• Incomplete or unreliable records

• Retrospective reconstruction of alleged losses

Effective defence requires careful analysis to ensure the charges align with the evidence. In some matters, expert accountancy or financial evidence is required to properly analyse transactional and financial records.

What court will my property or fraud charge be heard in?

Some property and fraud charges can be finalised in the Magistrates Court. Generally, this is for cases alleging values less than $30,000.

More serious matters, including significant fraud, robbery, or complex property offences, must proceed to the District Court of Queensland. All cases will begin in the Magistrates Court and ultimately whether it stays in that court, or is committed (‘transferred’) to the higher court depends on the charge and sometimes the value alleged.

Will I go to jail for a property or fraud offence?

Courts consider factors such as:

• The value or loss involved

• Whether the conduct was planned or opportunistic

• Breach of trust or abuse of position

• Prior history

• Impact on victims

That said, repeated dishonesty, large losses, and breach-of-trust offending carry a real risk of actual custody and so advice from an experienced fraud lawyer is critical to minimise the penalty.

Can property or fraud charges be negotiated?

In appropriate cases, yes.

Charges are often amended or reframed after:

• Proper analysis of disclosure

• Identification of evidentiary weaknesses

• Clarification of intention, knowledge, or authority issues

• Strong submissions to the prosecution

Our criminal law firm have extensive experience in negotiating and defending serious fraud and other dishonesty charges in Qld.

How long do property and fraud cases usually take?

Some cases may be finalised within weeks or months. Others, particularly those involving multiple transactions, workplaces, or accused persons, can take many months or longer. Our criminal defence lawyers move quickly, keep you informed of all developments, and provide clear advice at each stage about progress, risks, and next steps.

How do property or fraud charges affect work and reputation?

Property and fraud charges often carry consequences beyond court, including employment issues, professional or licensing consequences, business disruption, and reputational harm.

These issues frequently arise early and must be managed alongside the criminal case.